Sanger Municipal Code Ch. 54 Solid Waste Management

Footnotes:

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Cross reference— Buildings and building regulations, ch. 14; disposition of traffic and garbage in parks, § 42-12; abandoned vehicles, § 70-191 et seq.; garbage receptacles in trailer parks, § 74-9.

State Law reference— Garbage and refuse disposal generally, Public Resources Code § 49000 et seq.; authority to contract for collection and removal of garbage, etc., Public Resources Code § 49300.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Annual clean up event means disposal of special waste and white goods at location(s)/time(s) designated by director.

Bulk refuse means large bulky items, including, but not limited to, tree stumps, abandoned vehicles, bedsprings, mattresses, large boxes and similar items which are too large to be placed into a city collection vehicle.

Commercial waste collection means the collection by the city or franchisee of wastes generated by commercial, industrial and multiple-family residential complexes.

Construction and demolition waste means building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavement, houses and other structures.

Director means the director of public works, or equivalent position, of the city.

Franchisee means a person or entity awarded a franchise or exclusive or non-exclusive contract or permit by the city to provide collection and disposal services under this chapter.

Garbage means organic refuse of animal, fish, fruit or vegetable origin, including, but not limited to household, commercial and industrial food waste, organic refuse which may propagate flies, insects, rodents or create offensive odors, and any organic substances of whatever kind or nature unfit for human consumption that are subject to immediate decay.

Green waste means yard debris such as leaves, grass, weeds, branches, hedges, clippings, cuttings and trimmings.

Green waste container means the container supplied by the city or franchisee for green waste collection.

Household hazardous waste (HHW) means wastes resulting from products purchased by the general public for household use which, because of their quantity, concentration, physical or chemical characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed. Typical examples of HHW are used oil and batteries from automobiles, pesticides, solvents, paints and pool chemicals.

Recycled goods means glass bottles and jars of all colors, aluminum and tin cans, newspaper and junk mail, plastics, cardboard and chipboard.

Recycling container the container supplied by the city or franchisee for recycled goods collection.

Residential service location means a service location where green waste, solid waste, and recycling containers are left for pickup by the city or franchisee.

Rubbish means combustible materials, including, but not limited to, paper, packing materials, rags, and sweepings; and noncombustible materials including, but not limited to, metals, tin cans, dirt, glass, crockery and minerals. "Rubbish" does not include bulk refuse.

Service location means the location designated by the director where commercial waste containers are left for pickup by the city or franchisee.

Solid waste means waste materials of all kinds other than earth, green waste, recycled goods, bulk refuse, special waste, white goods, construction and demolition waste and household hazardous waste, and includes, but is not limited to, garbage and rubbish.

Solid waste container means the container supplied by the city or franchisee for solid waste collection.

Special waste means wastes that typically are difficult to handle and may require special disposal methods, such as appliances, tires, construction and demolition debris.

Waste means solid waste, green waste, construction and demolition waste, special waste, white goods and bulk refuse.

Waste containers means the green waste and solid waste containers provided by the city or franchisee for the collection of green waste and solid waste.

White goods means appliances such as refrigerators, washers, dryers, air conditioners and other bulky appliances that customarily are coated white.

(Code 1960, § 9-1; Ord. No. 958, § 1, 11-12-96; Ord. No. 1136, § 2, 10-18-12)

Cross reference— Definitions and rules of construction generally, § 1-2.

Any person violating any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished in accordance with section 1-7.

(Code 1960, § 9-15; Ord. No. 896, § 6(33), 10-7-93)

(a) All residential solid waste shall be loosely placed for collection in the containers supplied therefor by the city or its franchisees.

(b) All commercial solid waste shall be loosely placed, or if approved by the director, solid waste may be compacted into bales. Bales are not to exceed 50 pounds or have a dimension larger than 24 inches.

(c) All green waste shall be loosely placed for collection in the containers supplied therefor by the city or its franchisees.

(d) All recyclable waste shall be loosely placed for collection in the containers supplied therefor by the city or its franchisees.

(e) No container other than the containers supplied by the city or its franchisees may be used for the deposit of any waste.

(f) No waste shall be set out for collection at any place or premises other than a designated service location; except that temporary service locations may be authorized by the director in instances when construction, demolition or other temporary obstacles prevent the use of or access to the designated service location.

(g) No waste shall be kept or handled in such a manner as to become a nuisance. No solid waste shall be allowed to become odoriferous or a producer of vermin. Waste stored or kept in violation of this chapter is hereby declared to be a public nuisance. Residential composting operations shall be exempt from this subsection; provided that only vegetation grown on the premises is being composted and the director determines that the operation is sufficiently aerated to as to reduce noxious or offensive odors from being transmitted to adjacent properties.

(h) No live or hot coals, ashes or other burning materials that can cause a fire in a collection vehicle shall be placed in a waste container. Cold ashes and coals placed for collection shall be contained in such a manner as to retard their blowing and flying on being emptied into the collection vehicle.

(i) No dead animal shall be placed for collection.

(j) The director may issue special permits for the collection of wastes.

(k) It shall be the customer's responsibility to keep the containers used for the collection of green waste, solid waste, and recyclables in a clean and sanitary condition.

(l) The city council may award exclusive or non-exclusive contracts for the collection and disposal of waste and recycled goods within the city. Such contracts may be awarded with or without bidding under California Public Resources Code §§ 40059 and 49300 and shall be upon such terms and conditions as the city council may prescribe.

(m) Except as otherwise provided in state law and this chapter, only the city and its authorized agents, employees, or persons holding a permit, or contract with the city for the collection and disposal of waste and recycled goods in the city, shall have the right to gather, collect, and dispose of such waste and recycled goods.

(Code 1960, § 9-2; Ord. No. 958, § 2, 11-12-96; Ord. No. 1136, §§ 3, 4, 10-18-12)

(a) Residential service location shall be located at the curbline at the front of the premises, unless alley service has been established and approved by the director.

(b) No waste or waste container shall be stored in the front yard or side yard on a street unless properly screened. No waste or waste container shall be stored or placed for collection within a public walkway, roadway or alley.

(c) All waste or recycling containers to be collected at a curbline shall be placed for collection at the residential service location before 6:00 a.m. on the collection day, but not before 6:00 p.m. of the preceding day. No waste or recycling container shall be allowed to remain at the curbline after 8:00 p.m. of the collection day.

(Code 1960, § 9-3; Ord. No. 958, § 3, 11-12-96)

(a) Wastes may be stored in such rooms or places as are approved by the director and the fire marshal for the safe and sanitary keeping of such waste.

(b) Solid waste and green waste from commercial waste customers must be placed for collection in the containers supplied therefor by the city or its franchisees.

(c) Waste containers used at commercial establishments served by alleys shall be placed for collection at the service location in the alley. Waste containers used at places not served by alleys shall be placed for collection at the service location designated by the director.

(Code 1960, § 9-4; Ord. No. 1136, § 5, 10-18-12)

Cross reference— Businesses, ch. 18.

Only the containers supplied by the city or its franchisees may be used for waste and recycling collection. The containers shall be the property of the city or of the franchisee supplying the containers. The city or franchisee shall repair or replace only defective containers and containers damaged as the result of malicious conduct by third parties. The city may charge customers for lost, stolen or otherwise damaged containers. Unless otherwise prohibited by a franchise agreement, a franchisee may charge customers for lost, stolen or otherwise damaged containers.

(Code 1960, § 9-5; Ord. No. 958, § 4, 11-12-96; Ord. No. 1136, § 6, 10-18-12)

Except as otherwise provided in this chapter, it shall be unlawful for any person to gather, collect, or transport waste or recycled goods in the city, unless the waste or recycled goods was generated from premises owned or occupied by such person. It shall be unlawful for any person to transport waste or recycled goods from any business location to a residential location for the purpose of reducing the volume of waste at the business location. No person shall transport waste or recycled goods unless it is closely covered so as to wholly prevent the leakage of waste or recycled goods, or the emission of odors therefrom.

Under the recycled goods collection and disposal program, once recycled goods are placed into a container therefor and placed at the curbside or other collection point by a customer, it shall be unlawful for any person other than the customer, the city, or a franchisee to pick up, collect, take, appropriate, or remove any recycled goods from any such container.

(Code 1960, § 9-6; Ord. No. 1136, § 7, 10-18-12)

The requirements of section 54-7 shall not apply to the following:

(1) Private collection of construction and demolition waste;

(2) Private collection of green waste materials resulting from commercial landscaping or gardening services; or

(3) Industrial or commercial operations wherein the volume or nature of the waste exceeds the services available through the city or its franchisees, and for which a special permit is issued by the director.

(Code 1960, § 9-7; Ord. No. 1136, § 8, 10-18-12)

Except as otherwise provided by state law and this chapter, every person occupying property in the city shall subscribe to the waste collection services provided by the city or its franchisees for such property.

(Code 1960, § 9-8; Ord. No. 1136, § 9, 10-18-12)

(a) No person shall deposit, cause to be deposited or allow the deposit of any waste in or upon any vacant lot, street, sidewalk, alley, gutter, roadway, park or other place, or keep any waste other than in the manner prescribed by this chapter.

(b) No person shall deposit waste in the waste or recycling container of another person, or set out waste for collection at another person's service location or residential service location.

(c) No person shall deposit green waste in a solid waste container or a recycled goods container, and no person shall deposit solid waste or recycled goods in a green waste container.

(Code 1960, § 9-9; Ord. No. 958, § 5, 11-12-96; Ord. No. 1136, § 10, 10-18-12)

Charges for collection of waste shall be as adopted by resolution of the city council, and shall appear on the city water bill.

(Code 1960, § 9-10)

It is unlawful for any person to hinder, threaten, impede or obstruct any disposal or recycling crew or its equipment in the performance of its duties.

(Code 1960, § 9-11; Ord. No. 958, § 6, 11-12-96)

(a) No person shall cause, allow, aid, suffer or maintain any open burning of any kind or the burning of any waste in any incinerator, barrel, can, pit, fireplace or similar container or enclosure.

(b) Subsection (a) of this section shall not apply to the following:

(1) Barbecues or similar cooking devices while being used for the cooking of food for human consumption, and not primarily for the burning of waste materials;

(2) Comfort heating by use of a fireplace or wood stove that is not being used primarily for the burning of waste materials;

(3) Pathological-type incinerators or furnaces used by hospitals, veterinary hospitals, crematoriums or similar establishments for the incineration of body parts, bandages or related refuse;

(4) Controlled fires for the purpose of training firefighters;

(5) Personal use of cigarettes, cigars or pipes;

(6) Fire-fed lighting and heating devices such as candles, water heaters and lanterns; and

(7) Agricultural burning as authorized by the fire chief and the county health department or local air pollution control district.

(Code 1960, §§ 9-12, 9-13; Ord. No. 1136, § 11, 10-18-12)

Cross reference— Fire prevention and protection, ch. 30.

Penalties for the nonpayment of service charges for collection of waste shall be as specified in section 82-58. Substitute "solid waste" in section 82-58 for "water."

(Code 1960, § 9-14; Ord. No. 958, § 7, 11-12-96)

The city council may, pursuant to section 54-11, include sufficient fees to pay for street sweeping services.

(Code 1960, § 9-16; Ord. No. 958, § 8, 11-12-96)

All construction, demolition, and renovation projects within the city will comply with this section. During the duration of the project, all materials shall be diverted from the solid waste stream that can reasonably be diverted for alternate uses and as may be required as a condition of approval for the project. To the maximum extent feasible, divertible materials shall be separated on site if this practice leads to an increased diversion. Divertible materials may include as follows:

(1) Discarded materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction or demolition project.

(2) Clean cardboard, paper, plastic, wood, and metal scraps from any construction or demolition project.

(3) De-minimis amounts of other nonhazardous wastes that are generated at construction or demolition projects.

All construction, demolition, and renovation projects within the city will maintain necessary roll-off boxes to remove construction and waste debris from project location under two options:

a. Contract with the city's exclusive franchise roll-off hauler in order to meet the recycling goal mandated by the state and ensure maximum recycling and reporting.

1. Public works director to determine exclusive franchise.

b. Or contract with other recycling companies so long as those recycling companies do not charge a fee for the collection of recyclable material, charge for any use of any container or other equipment or charge to remove residual trash of the customer.

Written verification of roll-off contract must be provided to the city public works director upon initiation of the project.

(Ord. No. 1080, 6-15-06)

This chapter is adopted pursuant to the police power of the city as set forth in Article XI, Section 7 of the California Constitution, and to powers conferred on the city by California Public Resources Code §§ 40057 through 40059, and 49300.

(Ord. No. 1136, § 12, 10-18-12)